[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3283 Introduced in House (IH)]







104th CONGRESS
  2d Session
                                H. R. 3283

To require the Administrator of the Environmental Protection Agency to 
      issue a regulation that consolidates all environmental laws 
administered by the Agency and health and safety laws applicable to the 
construction, maintenance, and operation of aboveground storage tanks, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 22, 1996

  Mr. Moran (for himself, Mrs. Morella, and Mr. Davis) introduced the 
following bill; which was referred to the Committee on Commerce, and in 
 addition to the Committee on Transportation and Infrastructure, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
To require the Administrator of the Environmental Protection Agency to 
      issue a regulation that consolidates all environmental laws 
administered by the Agency and health and safety laws applicable to the 
construction, maintenance, and operation of aboveground storage tanks, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Aboveground Petroleum Storage Tank 
Consolidation and Regulatory Improvement Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) improvement of Federal regulation of aboveground 
        storage tanks will lead to greater prevention and containment 
        of releases from aboveground storage tanks and improvement of 
        the environment;
            (2) the Administrator of the Environmental Protection 
        Agency has not fully implemented any of the 7 recommendations 
        made in the 1989 report of the General Accounting Office on 
        inland oil spills;
            (3) consolidation of Federal aboveground storage tank 
        provisions will lead to simplification of the regulatory 
        program and will allow the Administrator to eliminate 
        duplication and conflicting aboveground storage tank 
        regulations; and
            (4) in order to promote environmental protection, 
        aboveground petroleum storage tank secondary containment 
        structures should meet a minimum permeability standard.

SEC. 3. PURPOSES.

    The purposes of this Act are--
            (1) to promote protection of the environment;
            (2) to streamline the offices in the Environmental 
        Protection Agency and other departments and agencies that 
        administer laws governing aboveground storage tanks and 
        underground storage tanks;
            (3) to consolidate the laws governing aboveground storage 
        tanks and eliminate duplicative regulations; and
            (4) to encourage release prevention and fire protection 
        measures in the operation of aboveground storage tanks.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Aboveground petroleum storage tank.--The term 
        ``aboveground petroleum storage tank''--
                    (A) means an aboveground storage tank that--
                            (i) has a capacity of 42,000 gallons or 
                        more; and
                            (ii) is or was at any time used to contain 
                        any accumulation of a regulated petroleum 
                        substance; but
                    (B) does not include an aboveground storage tank 
                that is used directly in the production of crude oil or 
                natural gas.
            (2) Aboveground storage tank.--The term ``aboveground 
        storage tank''--
                    (A) means a stationary tank, including pipes, up to 
                the first first flange, connected to the stationary 
                tank within the facility in which the stationary tank 
                is located, that is or was at any time used to contain 
                an accumulation of a regulated substance, the volume of 
                which tank (including the volume of all piping within 
                the facility) is greater than 90 percent above ground; 
                and
                    (B) includes any tank that is capable of being 
                visually inspected; but
                    (C) does not include--
                            (i) a surface impoundment, pit, pond, or 
                        lagoon;
                            (ii) a storm water or wastewater collection 
                        system;
                            (iii) a flow-through process tank 
                        (including a pressure vessel or process vessel 
                        and oil and water separators);
                            (iv) an intermediate bulk container or 
                        similar tank that may be moved within a 
                        facility;
                            (v) a tank that is regulated under the 
                        Surface Mining Control and Reclamation Act of 
                        1977 (30 U.S.C. 1201 et seq.);
                            (vi) a tank that is used for the storage of 
                        products regulated under the Federal Food, 
                        Drug, and Cosmetic Act (21 U.S.C. 301 et seq.);
                            (vii) a tank (including piping and 
                        collection and treatment systems) that is used 
                        in the management of leachate, methane gas, or 
                        methane gas condensate, unless the tank is used 
                        for storage of a regulated substance;
                            (viii) a tank that is used to store propane 
                        gas;
                            (ix) any other tank excluded by the 
                        Administrator by regulation issued under this 
                        Act;
                            (x) a tank that is used to store a 
                        fertilizer raw material, fertilizer 
                        intermediate or fertilizer product; or
                            (xi) any pipe that is connected to a tank 
                        or other facility described in this 
                        subparagraph.
            (3) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (4) Director.--The term ``Director'' means the Director of 
        the Office.
            (5) Environmental law.--The term ``environmental law'' 
        means 1 of the following statutes (and includes a regulation 
        issued under any such statute):
                    (A) The Clean Air Act (42 U.S.C. 7401 et seq.).
                    (B) The Comprehensive Environmental Response, 
                Compensation, and Liability Act of 1980 (42 U.S.C. 9601 
                et seq.).
                    (C) The Federal Water Pollution Control Act (33 
                U.S.C. 1251 et seq.).
                    (D) The Oil Pollution Act of 1990 (33 U.S.C. 2701 
                et seq.).
                    (E) The Solid Waste Disposal Act (42 U.S.C. 6901 et 
                seq.).
                    (F) Any other statute administered by the 
                Administrator.
            (6) Model fire code.--The term ``model fire code'' means--
                    (A) fire code 30 or 30-a issued by the National 
                Fire Protection Association;
                    (B) the fire code issued by the Uniform Fire Code 
                Institute;
                    (C) the fire code issued by the Southern Building 
                Code Congress International; or
                    (D) the fire code issued by the Building Offices 
                and Code Administrators International.
            (7) Office.--The term ``Office'' means the Office of 
        Storage Tanks established by section 5(a).
            (8) Petroleum.--The term ``petroleum'' means--
                    (A) crude oil; and
                    (B) any fraction of crude oil that is liquid at 
                standard conditions of temperature and pressure (60 
                degrees Fahrenheit and 14.7 pounds per square inch 
                absolute).
            (9) Regulated petroleum substance.--The term ``regulated 
        petroleum substance'' means--
                    (A) petroleum; and
                    (B) a petroleum-based substance comprised of a 
                complex blend of hydrocarbons derived from crude oil 
                through processes of separation, conversion, upgrading 
                and finishing, such as a motor fuel, jet fuel, 
                distillate fuel oil, residual fuel oil, lubricant, 
                petroleum solvent, or used or waste oil.
            (10) Regulated substance.--The term ``regulated substance'' 
        means--
                    (A) a substance (as defined in section 101 of the 
                Comprehensive Environmental Response, Compensation, and 
                Liability Act of 1980 (42 U.S.C. 9601)), but not 
                including a substance that is regulated as a hazardous 
                waste under subtitle C of the Solid Waste Disposal Act 
                (42 U.S.C. 6921 et seq.); and
                    (B) a regulated petroleum substance.
            (11) Underground storage tank.--The term ``underground 
        storage tank'' has the meaning stated in section 9001 of the 
        Solid Waste Disposal Act (42 U.S.C. 6991).

SEC. 5. CONSOLIDATION OF OFFICES.

    (a) Office of Storage Tanks.--
            (1) Establishment.--The Office of Underground Storage Tanks 
        of the Environmental Protection Agency is redesignated and 
        established as the Office of Storage Tanks.
            (2) Director.--The Office shall be headed by a Director 
        appointed by the Administrator.
            (3) Functions.--The Director shall perform--
                    (A) the functions that were vested in the Director 
                of the Office of Underground Storage Tanks on the day 
                before the date of enactment of this Act; and
                    (B) the functions transferred to the Director (or 
                to the Administrator, acting through the Director) by 
                subsection (b).
    (b) Transfers of Authority.--There are transferred to the Director 
all of the authorities of the following officers of the Environmental 
Protection Agency, insofar as the authorities relate to the regulation 
of aboveground storage tanks and underground storage tanks under the 
environmental laws:
            (1) The Assistant Administrator for Air.
            (2) The Assistant Administrator for Water.
            (3) The Director of the Office of Emergency and Remedial 
        Response.
            (4) Any other officer to whom the Administrator has 
        delegated authority.
    (c) Memorandums of Understanding.--
            (1) Secretary of labor.--The Administrator, acting through 
        the Director, shall enter into a Memorandum of Understanding 
        with the Secretary of Labor, acting through the Assistant 
        Secretary for Occupational Safety and Health, to clarify the 
        authorities of the Environmental Protection Agency and the 
        authorities of the Occupational Safety and Health 
        Administration, under the Occupational Safety and Health Act of 
        1970 (29 U.S.C. 651 et seq.) and section 126 of the Superfund 
        Amendments and Reauthorization Act of 1986 (Public Law 99-499; 
        29 U.S.C. 655 note), with regard to the regulation of 
        aboveground storage tanks and underground storage tanks.
            (2) Secretary of transportation.--The Administrator, acting 
        through the Director, shall enter into a Memorandum of 
        Understanding with the Secretary of Transportation, acting 
        through the Administrator for Research and Special Programs, 
        acting through the Associate Administrator for Pipeline Safety 
        and the Associate Administrator for Hazardous Materials 
        Technology, to clarify the authorities of the Environmental 
        Protection Agency and the authorities of the Secretary of 
        Transportation, under chapter 601 of title 49, United States 
        Code, relating to the regulation of aboveground storage tanks 
        and underground storage tanks.

SEC. 6. CONSOLIDATION OF APPLICABLE LAWS.

    (a) Restatement in Consolidated Form.--
            (1) In general.--Not later than 3 years after the date of 
        enactment of this Act, the Director, in consultation with the 
        States, shall evaluate all laws (including regulations) 
        administered by the Director and, after notice and opportunity 
        for public comment, issue a regulation that restates those laws 
        in consolidated form and streamlines, to the extent 
        practicable, the application of those laws to owners and 
        operators of aboveground storage tanks and underground storage 
        tanks.
            (2) Intent of congress.--In directing the Director in 
        paragraph (1) to restate the laws in consolidated form, it is 
        not the intent of Congress to direct or authorize the Director 
        to modify the requirements of those laws in any way, except as 
        necessary or appropriate to eliminate any duplication or 
        inconsistencies or to reduce any unnecessary regulatory burdens 
        and except as provided in subsections (b), (c), and (d).
    (b) Model Fire Codes.--The regulation under subsection (a) shall be 
consistent with and adopt by reference the model fire codes, as in 
effect on the date of enactment of this Act or as they may be amended.
    (c) Releases.--
            (1) Reporting requirements applicable to all aboveground 
        storage tanks.--The regulation under subsection (a) shall 
        require that an owner or operator of an aboveground storage 
        tank shall report a release of 42 gallons or more of a 
        regulated substance that occurs during a period of time 
        specified by the director, not to exceed 5 calendar days, 
        including a description of the corrective action taken in 
        response to the release, to the national response center 
        established under the Federal Water Pollution Control Act (33 
        U.S.C. 1251 et seq.), unless the release is required to be 
        reported, and is reported, under other Federal law.
            (2) Orders applicable to aboveground petroleum storage 
        tanks.--After a release from an aboveground petroleum storage 
        tank containing a regulated substance that is determined to be 
        an imminent threat to human health, public safety, or the 
        environment, the Administrator may issue an order prohibiting 
        the use or operation of the aboveground petroleum storage tank 
        until the Administrator determines that--
                    (A) the prohibition is not necessary to protect 
                human health, public safety, or the environment; or
                    (B) adequate corrective action has been taken, in 
                accordance with the law regulating corrective action 
                that is in effect on the date on which the 
                determination is made.
    (d) Correction of Deficiencies in the Law Applicable to Aboveground 
Petroleum Storage Tanks.--
            (1) Additional authority.--In addition to the authority 
        transferred to the Director by section 5(b), the Director shall 
        have authority to issue, and shall include in the regulation 
        under subsection (a), release detection, prevention, and 
        correction regulations applicable to owners and operators of 
        aboveground petroleum storage tanks, as necessary to protect 
        human health and the environment.
            (2) Correction of deficiencies.--In conducting the 
        evaluation of laws and issuing the regulation under subsection 
        (a), the Director shall--
                    (A) determine whether there are any deficiencies in 
                the law applicable to aboveground petroleum storage 
                tanks on the day before the date of enactment of this 
                Act, specifically with reference to secondary 
                containment, overfill prevention, testing, inspection, 
                compatibility, installation, corrosion protection, and 
                structural integrity of aboveground petroleum storage 
                tanks; and
                    (B) if the Director determines that any such 
                deficiencies exist--
                            (i) examine industry standards that address 
                        the deficiencies;
                            (ii) give substantial weight to industry 
                        standards in formulating the regulations 
                        required by paragraph (1); and
                            (iii) design the regulation in the most 
                        cost-effective manner to address the 
                        deficiencies.
    (e) Correction of Deficiencies in the Law Applicable to Underground 
Storage Tanks.--In conjunction with the evaluation of laws and issuing 
the regulations under subsection (a), the Director shall provide that 
the storage capacity of a facility does not include the capacity of 
underground storage tanks that are currently subject to the 
requirements of part 280 of title 40 of the Code of Federal Regulations 
or the capacity of underground storage tanks that are permanently 
closed in accordance with subpart G of such part 280.
    (f) Enforcement.--
            (1) In general.--The regulation under subsection (a) shall 
        make clear the statutory enforcement provisions and other 
        statutory provisions that apply to each provision of the 
        regulation.
            (2) Additional authority.--Any provision of the regulation 
        under subsection (c) or (d) that implements authority conferred 
        by this Act in addition to authority under law in effect on the 
        day before the date of enactment of this Act shall be enforced 
        under and in accordance with the procedures stated in section 
        9006 of the Solid Waste Disposal Act (42 U.S.C. 6991e).

SEC. 7. REPORTS.

    (a) Interim Report.--Not later than 2 years after the date of 
enactment of this Act, the Director shall submit to Congress a report 
describing the progress made and any tentative conclusions drawn in the 
evaluation process under section 6(a)(1).
    (b) Final Report.--Simultaneously with the issuance of the 
regulation under section 6(a)(1), the Director shall submit to Congress 
a final report that--
            (1) describes the evaluation made and the regulation issued 
        under section 6(a)(1); and
            (2)(A) states the extent to which the regulation implements 
        the recommendations made in the 1989 report of the General 
        Accounting Office on inland oil spills and the 1995 report of 
        the General Accounting Office on the status of the 
        Environmental Protection Agency's efforts to improve the safety 
        of aboveground storage tanks; and
            (B) to the extent that the consolidated regulation does not 
        implement the recommendations, describes the Director's plans 
        regarding the recommendations.
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